2 AAC 64.990 - Definitions

(a) In this chapter, unless the context requires otherwise,

(1) "administrative hearing" has the meaning given in AS 44.64.200 and refers to proceedings conducted by the office in a case referred to or otherwise within the office's jurisdiction, regardless of whether the case is an appeal or an original action, or whether it requires a proceeding to hear argument or evidence;

(2) "administrative law judge" has the meaning given in AS 44.64.200;

(3) "agency" has the meaning given in AS 44.64.200;

(4) "chief administrative law judge" means an individual appointed to the position created by AS 44.64.020 or the individual's designee acting as provided under a specific delegation of authority;

(5) "discovery" means the use of subpoenas, interrogatories, requests for production of documents or other things, requests for admission, depositions, and other methods provided in statute or regulation by which a party may discover information within the knowledge or control of a person;

(6) "document" means a written or electronic record of information, whatever the form, "document" includes books, maps, and papers of all types, and audio, video, or digital recordings;

(7) "executive branch" means a branch of state government, other than the legislative or judicial branch, or a municipality or subunit of a municipality;

(8) "final decision-maker" means the individual, board, or commission with the authority by statute or under a lawful delegation to issue a final decision in the administrative hearing that will be appealable to the superior court;

(9) "financial interest" means involvement in, or ownership of, a business or property interest, or a professional or personal relationship, that is a source of income or other economic benefit to a person;

(10) "hearing officer" has the meaning given in AS 44.64.200;

(11) "hearing request" means the document filed to contest an agency decision or initiate the administrative hearing process or to respond to a disciplinary or enforcement action initiated by an agency;

(12) "immediate family member" means

(A) a spouse;

(B) another individual cohabiting with the individual in a conjugal relationship that is not a legal marriage;

(C) a child, including a stepchild and an adoptive child;

(D) a parent, sibling, grandparent, aunt, or uncle; or

(E) a parent or sibling of the person's spouse;

(13) "improper ex parte communication" means an oral or written communication between a decision-maker, whether intermediate or final, and a party to an administrative hearing, a witness in a proceeding, or a person trying to influence the decision-maker that occurs outside of the presence of the other parties and without notice and an opportunity to participate being given to the other parties;

(14) "motion" means a request, made by a party orally on the record in a proceeding or in a written document served on the other parties, for action by an administrative law judge;

(15) "office" has the meaning given in AS 44.64.200;

(16) "original paper" means a document created for filing in an administrative hearing before the office; "original paper" includes notices, requests, motions, briefs, affidavits, and reports;

(17) "party" means

(A) a person who requests an administrative hearing;

(B) the agency appearing before the office in the case; and

(C) another person entitled by statute, regulation, or order of the administrative law judge to participate in the hearing;

(18) "person" has the meaning given in AS 01.10.060;

(19) "personal interest" means an interest in or involvement with an organization, whether fraternal, nonprofit, for profit, charitable, or political, that benefits a person;

(20) "subpoena" means a written command to appear at a certain time and place to testify, or to appear at a certain time and place to produce books, papers, and other things, and testify.

(b) In AS 44.64.050(a) and this chapter, "private practice of law"

(1) means the application, on behalf of a private person or non-governmental entity for pay or other compensation, of legal principles and judgment to the circumstances or objectives of others using the knowledge and skill of a person trained in the law; and

(2) includes

(A) giving advice or counsel on legal rights and duties;

(B) selecting, drafting, or completing documents or agreements affecting the legal rights of others, or assisting another person in completing forms or preparing documents to be filed in a court or administrative proceeding;

(C) representing another in court, in an administrative hearing or other proceeding, or in another formal dispute resolution process;

(D) negotiating legal rights and responsibilities on behalf of another;

(E) serving as a court-appointed guardian, conservator, or guardian ad litem;

(F) serving in a neutral capacity as a mediator, arbitrator, conciliator, or facilitator;

(G) participating on behalf of another in labor negotiations, arbitrations, or conciliations; and

(H) acting as a legislative lobbyist.

Notes

2 AAC 64.990

Eff. 7/2/2006, Register 178

Authority:AS 44.64.020

AS 44.64.060

AS 44.64.200